design. >> this has been repaired there are issues with homeowners. and claire still has cracks on the foundation of the house. >> this room was like water came night. so they had to fix it. what they haven't done is the outside. >> it seems this wasn't the only place. they are spending to improve water system. this is one of 35 locations with planned similar connection autos we found of the 35, 28 were defined properly. seven this is not designed properly. >> none of those has been

installed so the day after thanksgiving nightmare never happens again. >> and it took about three hours to shut off the system. and they admits there were communications problems as well. as far as experience and exterior damage, they'll be settling next month. >> thank you. >> and investigators on the scene of a fatal crash shutting down devil's slide in both directions this afternoon. sky 7 was overhead after a motorcycle collided with a truck. the motorcyclist was killed and northbound traffic is shut down and southbound traffic stopped at lindamar boulevard. a private plane crashed about an hour ago near one of the runways in concord. sky 7 was over the scene within minutes. both fire and medical crews responded and removed two men from the plane zfaa says the

pilot declared an emergency after taking off from the airport then crashed. no word yet on the condition of the two people on board. >> and police are trying to find the drivers of two vehicles they believe hit and killed a pedestrian. abc 7 has talked with family and friends and sergio joins us tonight. >> his friends tell me this was actually one of the favorite hangouts and they lived in the area. police say that he was hit by two vehicles. the 56-year-old crossed the boulevard near highway 84. and this is a stretch is that does not have a crosswalk, his friends acknowledge he was

jaywalking. >> my opinion if it was someone a law-abiding citizen not that i'm a square, but they could wo have pulled over. >> his friendand says he stepped away to buy a beer at circle k. >> i asked could it be they didn't realize they hit him? police say he was hit by two vehicles. >> might have been a silver late-model toyota rav 4. another vehicle was driving behind that. >> police say the second vehicle was a 2003 to 2007 honda accord four door able to line up witnesses with one witness. his three older brothers were notified and they're hoping someone might help with more information. >> if there is smn out there,

that is the right thing to do. >> his three brothers tell me he's a veteran serving three years as a marine in beirut in the mid 1980s. if you have information you're urged to call police. reporting live in fremont abc 7 news. >> and thank you very much. >> and homeowners in san jose need to know about an important change. police there will no longer respond to burglar alerts that are not verify bid alarm companies. and is live to explain why this change. >> police say they spend $66,000 responding to false alarms and if someone can confirm a crime has taken place they're no longer going roll every time they say an

alarm is going off. sandy co-owns a willow glenn business but police say 98% of the calls are false alarms. and police will not respond to the alarms. and sandy is okay with the change. >> it's a judgment call like going into e.r.and there is a triage nurse trying to decide who needs to be seen first that. is what police have to do. >> police say they're wasting too much time and money on false alarms. the department reports it responded to 12,000 calls and less than 1% resulted in the police report. and they're adopting what is called a response. >> if there is some indication the suspect is gone we believe spun burglarized the house

we're going to go out there and. >> the larm industry is founding alarmses saying the response is flawed and will result in home p business owners investigating alarm calls themselves. >> they're not trained and may not be larmed. it's dangerous to have people respond and that is what happens in the great majority of the case autos san jose has 1100 officers and city leaders say it will allow police to perhaps reduce those response times. >> i am disappointed this is yet another service that we're reducing if the city of san jose. this comes down to making hard decisions of what can the city do given resources we have. >> and this industry says the city does have other options such as adopting an ordinance.

and the city and police say that they will review thousand system goes and make changes necessary. >> thank you very much. and violence hit workers for the second time this year. a 20-year-old employee was found shot in the neck last night. sheriff deputies took him to the hospital. he's expected to recover. the victim was on his way to a party where he was shot in his car. >> i know these people personally. so it's sad. i'm saddened by the fact they have to experience this. >> this april murder remains unsolved at this time. >> and we started hear with investigation into a water main break. there has been another break to talk about today. this is in busy downtown

walnut creek. >> this is total chaos, police had to close roads near main street. we have the story. alan? >> right in the heart of walnut creek business district. you're looking now at crew who's have water flowing again and they're preparing to repave damaged streets this, began around 7:00 this morning when mud crews were called out to examine a leaking line supplying a fire hydrant and said just as they began and were able to pinpoint the problem that line bursed and up from the ground came water that filled up streets. it did not cause as much damage as many feared it would. and creating -- crate and barrel is reporting some damage. the water apparently seep food the wait a minute. -- basement and did damage down there. but they're back up and running.

most stores say it did not affect business but did create congestion problems. >> there is so such traffic. >> how long would you say it took it apart? it was awful today, we came down and had to take a side street. it was still backed up. >> and does this discourage you? >> a little bit. yes. we had to deal with finding a parking space with traffic. >> created bit force of the water rushing up from the earth. and they're going to cut away pavement and repavement. they think they'll be done by 7:00. and they'll have a lane opened up out here, again, not too much damage to the stores out here, they're reporting brisk

business today though there was a lot of traffic congestion caused by this water break. back to you. >> thank you. >> tonight a man accused of posing as a fidz shun's assistant is pleading not guilty in san francisco. carlos guzman garza seen in the orange jump suit is being held on three quarters of a million dollars bail. prosecutors say he operated a bogus clinic in the mission strict saying he smoked a cigar during the procedure as the patient held her own iv bag. >> and consumer confidence in december's surge to the highest level since april. and the conference board says index rose to above 64 points. that is better than expectations. however, the reading remains below 90 point level. and the confidence number as

kt for 70% of the u.s. activities. >> and the this year, home prices remain in the doldrums. and here in the bay area, housing prices dropped seven-tenths of a percent. and prices are down but not quite as depressed as much as the rift of the country. median home price still hofrz just under $700,000. >> and you can have two houses on the same block. and one can sell for below asking. price increase and patience will get someone sold in this market. >> and this agent says it's a great time to buy, interest rates down and prices soft. >> governor brown says california is on the verge now of emerging from it's fiscal nightmare, hosting an informal news conference to sum up hits and businesses -- misses and

says cutting the deficit if half will soon allow california to restore funding to hard hit program autos i think the schools are going to be in pretty good straits. and i think california itself come 2014 will be better off than when i start ootd governor says california's economy will rebound in energy technology, medical research, and venture capitol. >> california dream act becomes law january 1 but could turn into a nightmare. it allows undocumented students to apply for $65 million in grants for college but legislative analyst says that is five times the estimated costs when the legislation was signed. and the state can't afford it. and one former top state lawmaker calls it a dream that cannot die. >> this seems to me this -- these young men and

women are part of america. they're americans. and we should treat them as such. you know. sit more costly to provide financial aid? to allow them to go to university? probably in the short term, long therm is the future of the country. >> republican assemblyman is trying to gather enough signatures to repeal the dream act before a student start receiving financial aid in 2013. >> one of the uc berkeley graduates once imprisoned in iran is now speaking out against the iranian government after thanking the regime after being released. sarah shourd criticizes iran for using them to further its own political causes while disregarding justice and human liberty. she commented in an article she wrote and says she thanks expressed was out of fear fellow hikers might be armed. she feels the united states

could have done more to prevent or lessen their imprisonment. she was released after spending a year in prison. bower and fattal released a year later in september. >> and we have more ahead coming up, do you unplug from work e mails after hours? we'll tell you how many people check into the holiday during breaks. >> it's tempting. and why the slogan "where america shops" may lo no longer be true for sears in some communities. >> fog confined just to early morning hours. we warmed up the day warmer tomorrow. and i'll tell you about it coming up. >> and thank you z air quality so bad in the bay area, it's making people sick. the fuss continues in one minute.

>> closed captioning brought to you by mancini sleepworld.

sears says it will close 120 stores because of poor holiday sales. sales dropped more than 5% in the past two months for sears. oakland shop owners says possible closing is not a good thing. >> not having other anchor stores in this the area so i believe would it have adverse affect on small business in downtown oakland. >> every time something closes, what opens behind that always does not seem to be the right thing. >> in addition to bad economic climate, analysts say sears gets poor marks in customer skpfs like many, has suffered from online competition. >> a warning we're going bring up a sensitive subject. have you checked your work e mail on vacation? this holiday season? be honest. the second annual survey finds most check their e mails during thanksgiving and christmas.

27% check several times a day. and 19% of those who receive work e mails say they're thankful for the distraction. >> and bicyclist who's ride object golden gate bridge will be forced to share a lane with pedestrians again. and the closure is scheduled to go from january 9 through april 1 because cruise need to approve bike access from the bridge to trails in marin county so that is a good thing. those cyclists will have to share and be kind to one another. >> and there is no burn recommendation for the bay area tonight. we're all being asked not to burn wood in fireplaces so we don't add more collusion ploougs to bad air we've been experiencing. air quality officials say it rivals conditions of 2008.

and air officials say there is a lot of smoke with fog blanketing all nine counties yesterday. kmes kmas day, air quality officers issued 77 citations. and repeated violations could land you a $400 fine. >> and sandhya patel is away but lisa is here. we're not expecting any rain this time. >> no. but north bay could see sprinkles come thursday and warmer tomorrow. low 60s today talking mid-60s tomorrow. 56 record high in south lake tahoe today. it's mild out there. and the fog didn't last long today. and in fact, beautiful shot out there now. from our sutro camera, we do expect patchy fog and there are numbers dropping into 30s. and we're sitting at 0 degrees

in redwood city. so feels pretty good out there and there is highlights, partly cloudy skies and there is some is a chance of showers moving our way thursday and so that really means dry, mild for new year's weekend and the rest of the year. december going down as one of the driest we've seen. so overnight lows into low to mid-40s here there is 42 in san jose. and a couple 30s but not as cold as we've been. and taking a break from that, take a look at what is going on in the pacific. active jet stream, stormy out there not making its way into the bay area. there is a computer animation

into overnight hours. we're talking about thursday, while you're sleeping there is a little bit of rain. so we'll remain dry. partly cloudy skies and making plans for holiday, new year's eve, new year's day is looking dry and mild. how about 70s in southern california throughout the rest of the week. so this looks pleasant down there. there is numbers coming up tomorrow a little bit. 62 san jose. 6 in concord so warmer with more clouds and upper 50s into the north bay and there is 64 gilroy and watsonville. here is the accu-weather forecast. so there is another partly

cloudy to mostly sunny afternoon. numbers coming up a few degrees. there is a chance of showers entering thursday. and there is maybe a slight chance of rain into next week. things are changing, show. >> and well, still ahead a new form of the swine flu that is cause for concern in the u.s.. >> and there is a growing gap between members of congress and everybody else. why a study says paying more will put them in touch with average americans. we'll be right back here.

rappy heavy d died of a

blood clot in his lung after a long flight. the coroner released those findings and found he suffered from heart disease. the 44-year-old rapper had returned from a trip to london, something thought to have contributed to the blood clot. he achieved fame in the 90s with a hit "now that we found love". and the swine flu pandemic may have officially ended last year but dcd is not taking chances because 12 people have come down with a specific subtype of the disease that impacted 11 children and all have recovered. the swine flu first appeared in 2009 skb infected at least 43,000 people world wide. and this year's vaccine will protect you against the variant. >> won't this be a welcome christmas present? could tonight be a lucky night? >> megamillions hasn't seen a

new at 6:00 30,000 troochz are on their way home from iraq but what have they done to make sure they can find jobs and stay health zblee. >> also, are paper receipts starting to become a thing of the past? looking at the pros and cons of getting a receipt by e mail. >> its coming up at 6:00. >> and at about two and a half hours, did you get a ticket? someone in dal cal -- california could win $206 million. >> that is the amount of the jackpot for tonight's hotry craw drawing. >> not bad for a $1 ticket. you may know nobody has bought a winning ticket in eight weeks. >> and those opting for cash would